Litigation & Dispute Resolution

Resolving civil disputes through mediation or litigation – civil disputes are a fact of life. Expensive, ongoing legal battles are not. The McVeagh Fleming team is qualified and motivated to bring a speedy resolution to your civil disputes through mediation and, if necessary, litigation.

Civil Disputes

Civil disputes often require expert advice in a specialised legal area, and sound knowledge of civil court procedures. McVeagh Fleming’s litigation team understand the procedural aspects of the legal system to ensure that it is used to produce the best available outcome for our clients in the most efficient manner possible.

Mediation and Arbitration

McVeagh Fleming is aware that pursuing litigation can be expensive and stressful for all parties concerned. Therefore, where mediation or arbitration can be followed to provide speedy and efficient settlement, we will pursue (and encourage other parties to pursue) a solution that enables the parties to sit down together and attempt to reach an acceptable solution.

Recent Insights

August 2023

The Exercise of Contractual Discretion

Woolley v Fonterra Co-Operative Group Ltd: The Exercise of Contractual Discretion‍On 29 June 2023, the New Zealand Court of Appeal delivered its judgment in the case of Woolley v Fonterra Co-Operative Group Ltd [2023] NZCA 266. In its judgment, the Court considered the approach to the exercise of contractual discretion in New Zealand, including the test adopted by the United Kingdom Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 1 WLR 1661. A summary of the key facts of the matter and important points in the Court's decision follow.
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February 2023

Potential Changes Ahead to Sexual Harassment Claims and Restraints of Trade

As well as potential changes to the Holidays Act, see last year's article Changes on the way for the Holidays Act, there are potential changes on the horizon in relation to sexual harassment claims and restraint of trade provisions. We have outlined the details below.
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February 2023

Protective Costs Orders

Awards of costs in civil proceedings are at the court’s discretion. The general costs rule is simple: the unsuccessful party is required to pay costs to the successful party. The award of costs is normally made on a 'scale' basis – the scale comprising certain daily rates and certain time allocations for certain steps in a proceeding, both prescribed in schedules to the courts publishes rules of procedures. This, in practice, means that a party to a proceeding will always incur irrecoverable costs to some extent. Much less frequently, awards of costs are made on an indemnity basis, so the unsuccessful party must pay the actual legal costs incurred by the successful party.
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